Republic of the Philippines vs.

Cagandahan
G.R. no. 166676 September 12, 2008
Quisumbing, J.:
Facts:
Jennifer Cagandahan was born on January 13, 1981 was originally registered as a
female in her birth cert, however, while growing up she developed Congenital
Filed a Adrenal Hyperplasia which means that she has both male and female attributes. She
petition to is genetically female but her body produces male hormones thus her female organs
RTC did not develop properly. She had clitoral hypertrophy, did not have menstruation
Dec. 11, 2003 nor breasts, and her ovaries are small. All of these were confirmed and testified by
Dr. Michael Sionzon. Hinged upon this, she brought to the RTC her request to have
her name changed to jeff and her sex from female to male which the RTC
approved on grounds that:
He has shown that he is entitled to the changes asked for
His condition is medically proven and he has chosen to be male
The OSG then made this petition to seek the reversal of such ruling on the grounds
that:
Rules 103 and 108 of the rules of the court have not been complied with (the
petition did not implead the local civil registrar)
Failed to state the petitioner is a bona fide resident of the province for at
least 3 years as required by rule 103
Correction under 108 does not allow sex in the birth cert, and her CAH does
not make her male.
Issue:
Whether or not the RTC Brach 33 of Siniloan, Laguna, erred in granting the petition for changes in the
birth certificate of Jennifer B. Cagandahan
Ruling:
The decision of the RTC is affirmed on the reasons:
Rule 108 was complied with when the respondent furnished a copy for the local civil registrar
Rule 103 change of name is not a matter of right but of judicial discretion
Compassionate call for recognition of the various degrees of intersex (the determining factor
would be what the person deems to be his sex)
In the absence of law, the court will not dictate on the person something so private as
sexuality. The court gives respect to the diversity of nature and how the individual handles
what he is given. (seeing as Jennifer did nothing to alter his body)
Respondent is not incompetent nor a harm to society, he has the right to pursue happiness
and health